July

The interim settlement of a child´s compensation claim against the Portiuncula Hospital and HSE has been approved by Mr Justice Cross at the High Court.

On 3rd August 2012, eleven-month old Eoghan Dunne from Tullamore in County Offaly was admitted to Portiuncula Hospital in Ballinasloe suffering from a high heart rate and severe respiratory distress. Due to the severity of his condition, Eoghan was transferred twelve hours later to the Temple Street Children´s Hospital in Dublin.

At the Temple Street Hospital, Eoghan suffered a cardiac arrest due to septic shock. He suffered brain damage due to a lack of oxygen, and now suffers from epilepsy, is visually impaired and cannot walk or talk. Eoghan spent six months in hospital being treated for his condition, but will need twenty-four hour care for the rest of his life.

A review of the treatment Eoghan received at the Portiuncula Hospital revealed a catalogue of inadequacies. Allegedly the hospital was ill-prepared for Eoghan´s admission, had failed to administer antibiotics in breach of the HSE´s guidelines for the treatment of sepsis, and had taken too long to arrange the transfer to Temple Street Hospital due to a lack of “competent staff”.

Eoghan´s parents – Ronan and Teresa – sought legal advice and made a compensation claim against the Portiuncula Hospital and HSE, alleging that their son would not have suffered such devastating injuries had it not been for a failure in the hospitals´ duty of care. The HSE denied liability for Eoghan´s injuries, and a court hearing was scheduled for earlier this week.

However, with a few days to go until the hearing was due to start, the HSE accepted that mistakes had been made in Eoghan´s care and an interim settlement of the compensation claim against the Portiuncula Hospital was agreed. As the claim had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Eoghan´s best interests.

At the approval hearing, Mr Justice Kevin Cross was told the circumstances of Eoghan´s admission into the Portiuncula Hospital and the subsequent events that had occurred. The judge commented that, if liability had been admitted at an earlier stage, Eoghan could have received therapy and treatment for his injuries at “a vital developmental stage” rather than much later.

The judge approved the interim €2.4 million settlement of the compensation claim against the Portiuncula Hospital, and adjourned the case for four years – by which time a review of Eoghan´s future needs will have been conducted. In 2020, the family will have the option of taking a lump sum compensation payment if a system of periodic payments has not been introduced.

A €340,000 settlement of compensation for failing to diagnose a hearing impairment has been approved by Mr Justice Kevin Cross at the High Court in Cork.

Clodagh Enright from Knocknagoshel in County Tipperary was just four years old in April 2006 when her parents expressed concerns about her speech to the local health nurse. The nurse referred Clodagh to the audiology department of her local hospital, where she underwent a hearing test.

The test failed to identify any problems with Clodagh´s hearing, but her parents´ concerns continued. In May 2007, a second hearing test was arranged that revealed Clodagh had a significant hearing impairment. Clodagh subsequently underwent a cochlear implant and had hearing aids fitted to help improve her hearing.

After receiving a medical opinion that Clodagh´s hearing would not have deteriorated to such a degree if the impediment had been diagnosed after the first test, Clodagh´s mother – Eileen – claimed compensation for failing to diagnose a hearing impairment against the Health Service Executive (HSE) on her daughter´s behalf.

It was alleged in the legal action that Clodagh´s education had suffered because of the hearing impediment. The HSE admitted liability for the misdiagnosis and a €340,000 settlement of compensation for failing to diagnose a hearing impairment was agreed. However, as the claim had been made on behalf of a child, the settlement had to be approved by a judge.

Consequently, at the approval hearing at the High Court in Cork, Mr Justice Kevin Cross was told about the two hearing tests and the consequences of the misdiagnosis on the first one. After hearing that Clodagh had received extra tuition to help her catch up with her education, Judge Cross approved the settlement – ordering that it be paid into court funds until Clodagh becomes a legal adult in four years.

A €1.75 million interim settlement of a claim for medical negligence at the Midwestern Regional Maternity Hospital has been approved at the High Court.

The claim for medical negligence at the Midwestern Regional Maternity Hospital in Limerick was brought by two-year-old Charlie Enright, whose mother Catriona was admitted to the hospital on August 19th 2013, thirty-seven weeks pregnant with her son.

After tests were conducted on Catriona, doctors made the decision to induce labour and administered Syntocinon. However, despite the well-chronicled side effects of Syntocinon, there was a failure to adequately monitor Catriona´s condition as Charlie suffered hyper-stimulation in the womb.

Due to the misinterpretation of a cardiotocography trace and the belated recognition of foetal distress, Charlie was born “flat” the following morning – unable to breathe by himself. The new-born child was transferred to Cork University Hospital, where he was diagnosed with an intra-cranial haemorrhage underwent therapeutic hypothermia treatment on his head.

Despite the rapid action to prevent brain damage after his birth, Charlie is permanently disabled due to the lack of care his mother received prior to his delivery. On her son´s behalf, Catriona made a claim for medical negligence at the Midwestern Regional Maternity Hospital against the Health Service Executive (HSE) – who, after an investigation into the claim, admitted liability for Charlie´s birth injuries.

Negotiations started to settle the claim for medical negligence at the Midwestern Regional Maternity Hospital; but, as Charlie´s future needs are not yet determined, a €1.75 million interim settlement of the claim was agreed to cover Charlie´s care and medical expenses for the next two years. To ensure that the interim settlement was appropriate, an approval hearing was scheduled for the High Court.

At the approval hearing, Mr Justice Anthony Barr said that the interim settlement was a very good one. He approved the interim settlement and adjourned the hearing for two years, by which time Charlie´s future needs should have been determined and his mother will have the option of accepting a lump sum or assuring Charlie´s future care through a system of periodic payments.